Employers are required pursuant to Section 1 of the Employment Rights Act 1996, to provide employees and workers with a statement of their terms and conditions of employment. This is usually supplied in the form of an employment contract and must be provided on or before the persons first day of work.
Section 1 of the Employment Rights Act outlines the key information that must be provided to an employee in a principle statement, and what information may be provided separately.
Employers should ensure that, not only do they have a compliant Section 1 Statement setting out the terms and conditions of employment, but that they also give thought to what other terms may protect their interests and can be included to make the operation of the business more efficient.
For examples, employers should consider:
- How confidential information should be protected.
- Whether there should be restrictions on employees when they leave and what these should be.
- How much notice of holiday should be given and how much holiday can be taken at any one time?
- What are the most appropriate notice periods for any particular employee?
- Should an employee have a probation or trial period.
- What notification and updates on sickness leave are required?
We have drafted contracts of employment and policies across a wide range of different industries to include recruitment, construction, development and plant, catering, stage equipment companies, shops, nursing and care providers and delivery businesses.
In addition, we can assist with policies, procedures and handbooks to make the running of your business even more efficient, make handling employees easier and ensure that your employees are aware of the standards required of them.
Generally speaking, an employer should have the following policies in place as a minimum:
- Health and safety
- Equal opportunities
- Data protection
We are also asked to advise on altering an employee or a group of employee’s terms and conditions or contracts of employment. Our employment solicitors in Essex and London have a wealth of experience when it comes to this area.
Whether or not an employee’s contract can be changed will largely depend on the circumstances as to why the alteration has come about, why it is needed and whether or not the employee is likely to agree to the change. If they are unlikely to be in agreement or have already indicated they will not agree to the changes, then matters can quickly escalate to a dispute, or worse. A careful approach to changing contractual terms should always be taken, and legal advice is always recommended.
Employers should always:
- Check their contractual rights to make amendments to an employee’s contract before trying to impose a change. Seek legal advice on the best approach to having changes introduced.
- Seek legal advice on whether there are any circumstances in which a contractual variation to an employee’s terms could give rise to an employment claim (for example following a TUPE transfer) and whether anything can be done to manage this risk.
- Remember that it is very rare for an employer to be able to unilaterally impose changes to contractual terms.
If you require employment advice, then please do not hesitate to contact us by telephone to speak with a solicitor from our employment team, without obligation, or simply fill out our enquiry form and one of our specialist employment lawyers will contact you.
